Q: I have a brother with whom I share an inheritance from our father (may Allah be merciful to him) that consists of camels and sheep. My brother wasted his sheep and only camels remained in his possession. I have been advising him to dispose of his property wisely, but he got upset from my advice.
I swore that my wife would be unlawful to me if I took any of the camels.
I did this twice or more; what I am sure of is twice.First: He became angry with me.Second: I want his children to benefit from these camels, but now they are lost as he left them loose in the desert. My brother is smoking hookah and tobacco; he brought himself and his children to a loss. Here are my questions:1. Is it permissible for me to take my share of these camels after the oath I took? Do I have to offer a Kaffarah (expiation) for that?2. Does the oath and the prohibition I declared prevent my children to take their share in the inheritance, if they so wish? (Part No. 23; Page No. 166) 3. Am I legally obliged to support his children if they are in need for money and have other needs?
A:
First:
It is impermissible to prohibit what Allah has made lawful of food, drink, clothes and suchlike, and whoever does this should offer a Kaffarah (expiation), for Allah (Exalted be He) says,
O Prophet! Why do you forbid (for yourself) that which Allâh has allowed to you, seeking to please your wives? And Allâh is Oft-Forgiving, Most Merciful.
Allâh has already ordained for you (O men) the absolution from your oaths. And Allâh is your Maulâ (Lord, or Master, or Protector) and He is the All-Knower, the All-Wise.
The Kaffarah for breaking an oath in such case is to feed or clothe ten needy persons or to free a believing slave, and if you are unable to do this, you should fast for three days. If the oath you took and the prohibition you made were coupled with the intention of giving away your share to your brother, it is impermissible for you to take it back, for this falls under taking back the gift, the thing which the Messenger (peace be upon him) forbade in his saying,
We (believers) should not be characterized by any evil simile, for the one who takes back his gift is like a dog which vomits, then eats back its vomit
Related by Al-Bukhari.
(Part No. 23; Page No. 167) Second: We recommend you to advise your brother, and awaken his desire in doing good. You should also use the proper means to warn him of committing sins and unlawful things. Moreover, you should seek the help of pious and righteous people around you to advise him, perhaps Allah would guide him to the right path and keep him away from the means of evil and perversity. You should also support him and his children if they are in need, as relatives are more entitled to receive your charity, and helping the needy relative is an act of charity in addition to maintaining the ties of kinship.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
Swearing to reduce t...
